it in his official oath, have given to it peculiar
solemnity and force;
That, as he is to take care that the laws be faithfully executed, he is
thereby made responsible for the entire action of the executive
department, with the power of appointing, overseeing, and _controlling_
those who execute the laws;
That the power of removal from office, like that of appointment, is an
_original_ executive power, and is _left_ in his hands _unchecked_ by
the Constitution, except in the case of judges; that, being responsible
for the exercise of the whole executive power, he has a right to employ
agents of his own choice to assist _him_ in the performance of _his_
duties, and to discharge them when he is no longer willing to be
responsible for their acts;
That the Secretaries are _his_ Secretaries, and all persons appointed to
offices created by law, except the judges, _his_ agents, responsible to
him, and removable at his pleasure;
And, finally, that he is the _direct representative of the American
people_.
These, Sir, are some of the leading propositions contained in the
Protest; and if they be true, then the government under which we live is
an elective monarchy. It is not yet absolute; there are yet some checks
and limitations in the Constitution and laws; but, in its essential and
prevailing character, it is an elective monarchy.
Mr. President, I have spoken freely of this Protest, and of the
doctrines which it advances; but I have spoken deliberately. On these
high questions of constitutional law, respect for my own character, as
well as a solemn and profound sense of duty, restrains me from giving
utterance to a single sentiment which does not flow from entire
conviction. I feel that I am not wrong. I feel that an inborn and inbred
love of constitutional liberty, and some study of our political
institutions, have not on this occasion misled me. But I have desired to
say nothing that should give pain to the chief magistrate personally. I
have not sought to fix arrows in his breast; but I believe him mistaken,
altogether mistaken, in the sentiments which he has expressed; and I
must concur with others in placing on the records of the Senate my
disapprobation of those sentiments. On a vote which is to remain so long
as any proceeding of the Senate shall last, and on a question which can
never cease to be important while the Constitution of the country
endures, I have desired to make public my reasons. They will no
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